By Alvarado H.B. No. 438
75R3424 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the implementation of a controlled substances testing
1-3 program to be administered to inmates housed in facilities operated
1-4 by or under contract with the Texas Department of Criminal Justice.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 500, Government Code, is amended by
1-7 adding Section 500.007 to read as follows:
1-8 Sec. 500.007. TESTING FOR CONTROLLED SUBSTANCES. (a) The
1-9 board after consultation with the Criminal Justice Policy Council
1-10 by rule shall implement a program to randomly test, for the
1-11 purpose of determining the presence of controlled substances, the
1-12 breath, blood, or other bodily substances of inmates housed in
1-13 facilities operated by or under contract with the department.
1-14 (b) The department annually shall test not less than five
1-15 percent of the inmates housed in facilities operated by or under
1-16 contract with the department.
1-17 (c) The department shall use the most cost-effective means
1-18 possible to perform the tests required by this section, and shall
1-19 actively seek grants from the federal government or other sources
1-20 to expand the program created under this section.
1-21 SECTION 2. The Texas Board of Criminal Justice shall
1-22 implement the program required by Section 500.007, Government Code,
1-23 as added by this Act, not later than January 1, 1998, and shall
1-24 begin testing of inmates for the presence of controlled substances
2-1 not later than that date.
2-2 SECTION 3. This Act takes effect September 1, 1997.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8
2-9